Number
060322
Version
SUBSTITUTE 2
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to revision of various provisions of the code for purposes of correcting errors, clarifying language and eliminating obsolete provisions.
Sections
77-5-4 rp
84-56-1-c am
99-6-1-0 am
99-6-2-k am
106-21-3-a am
200-33-9-b am
244-18-6 rc
295-107-2 (table) am
313-05 rp
350-207-3 am
Analysis
This ordinance revises various provisions of the code for purposes of correcting errors, clarifying language and eliminating obsolete provisions.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 77-5-4 of the code is repealed.
(Note: the provisions being repealed read as follows:
77-5. Pesticide.
4. WARNING SIGNS TO BE POSTED.
a. Required. Warning signs informing occupants, adjacent property owners and the public of the hazards associated with the application of pesticides, shall be posted on the premises prior to the application. The provisions of this subsection shall apply to anyone applying a pesticide as provided in sub. 2, including the owner or occupant of a single, 2-family or multifamily dwelling of 8 or less units if a pesticide is applied by a noncommercial applicator, as well as commercial pesticide applicators.
b. Size and Wording. The warning signs shall:
b-1. Be a minimum of 4 inches by 5 inches in size, be professionally printed with red lettering on a white background, attached to a stable supporting device and made of a rigid material durable enough so that a sign can be easily read at least 72 hours after posting, notwithstanding reasonably foreseeable adverse conditions.
b-2. Include language and a symbol that warns people to stay off the premises on which the pesticide is to be applied. Each sign shall contain the universal symbol depicting an adult, child and pet in a circle, with a diagonal line across the circle. Each sign shall bear the words, in not less than 36-point type, "PESTICIDE APPLICATION", and "PLEASE KEEP OFF."
b-3. State the name of the pesticide to be applied as well as the name and phone number of the applicator who will apply the pesticide, if the applicator is other than the owner or resident at the premises.
b-4. The date and time of the pesticide application and when the sign may be removed. Each sign shall also bear the words, in not less than 9-point type, "DO NOT REMOVE UNTIL SUNSET THE DAY FOLLOWING APPLICATION" and "FOR ADDITIONAL INFORMATION ON THIS APPLICATION OR ANY FUTURE APPLICATIONS CALL [name and telephone number of the commercial applicator's business] OR THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION AT 608-266-LAWN."
c. Removal. Warning signs shall remain on the property on which a pesticide is to be applied until sunset the day following the application.
d. Exemptions. This subsection shall not apply to:
d-1. The city, when a pesticide is applied to the concrete portion of a median.
d-2. The necessary application of a pesticide in either an emergency or nonemergency condition, as determined by the commissioner, to protect the public health or safety.)
Part 2. Section 84-56-1-c of the code is amended to read:
84-56. Qualifications.
1. AMUSEMENT MACHINE DISTRIBUTOR.
c. Residency. No amusement machine distributor's license shall be granted to any person or partner not a resident of this state for at least one year prior to the date of the filing of the application. In the case of a corporate applicant, a one year state residency requirement shall apply to the agent [[and all officers and directors of the corporation must be residents of the state at least one year prior to the date of the filing of the application]].
Part 3. Section 106-21-3-a of the code is amended to read:
106-21. Unlawful Library Acts.
3. FAILURE TO RETURN LIBRARY MATERIAL.
a. [[No]] >>After notice has been sent to the last known address, no<< person may fail to return overdue, borrowed library material [[after having received a written notice to return the material]].
Part 4. Section 200-33-9-b of the code is amended to read:
200-33. Fees.
9. COPIES OF RECORDS; CERTIFIED.
b. The fee for reproducing any size or type of record shall be set by the commissioner of neighborhood services or commissioner of city development equivalent to the actual cost of reproduction. A list of the reproduction fees shall be posted in the appropriate department [[and shall be filed with the city clerk on an annual basis]].
Part 5. Section 244-18-6 of the code is repealed and recreated to read:
244-18. Temporary Banners and Other Nonrigid Signs.
6. COPIES OF CODE PROVISIONS. The election commission shall furnish copies of this section to candidates for public office.
Part 6. Section 295-107-2 (table) of the code is amended to read:
295-107. Zoning Districts.
|
TABLE 295-107-2 ZONING DISTRICTS |
|
District |
Map Indicator |
Most Similar District(s) Under the Previous Code |
Subchapter Reference |
|
Residential Districts |
|
Single-Family |
RS1, RS2, RS3, RS4, RS5 and RS6 |
R/F-1/40, R/F-2/40, R/F-3/40, R/F-4/40 and R/F-5/40 |
5 |
|
Two-Family |
RT1, RT2, RT3 and RT4 |
R/D-1/40, R/C-1/40 and R/E/40 |
5 |
|
Multi-Family |
RM1 |
R/D/40 |
5 |
|
Multi-Family |
RM2 |
R/C/40 |
5 |
|
Multi-Family |
RM3 |
R/D/40, R/D/60 and R/D/85 |
5 |
|
Multi-Family |
RM4 |
R/C/40, R/C/60, R/C/85 and R/C/125 |
5 |
|
Multi-Family |
RM5 |
R/B/40 |
5 |
|
Multi-Family |
RM6 |
R/B/60 |
5 |
|
Multi-Family |
RM7 |
R/B/85, R/A/85 and R/A/125 |
5 |
|
Residential and Office |
RO1, RO2 |
all O and RO districts |
5 |
|
Commercial Districts |
|
Neighborhood Shopping |
NS1, NS2 |
all S districts |
6 |
|
Local Business |
LB1, LB2 |
all L districts |
6 |
|
Commercial Service |
CS |
all CS districts |
6 |
|
Regional Business |
RB1, RB2 |
all RS districts |
6 |
|
Central Business |
C9A-C9H |
C9A-C9H |
7 |
|
Industrial Districts |
|
Industrial-Office |
IO |
M/D/40, M/C/60, I/D/40 and I/E/40 |
8 |
|
Industrial- Light |
IL |
M/B/85, M/A/125, I/C/60, I/D/40, I/D/60 and I/E/60 |
8 |
|
Industrial-Mixed |
IM |
none |
8 |
|
Industrial-Heavy |
IH |
I/A125 and I/B/85 |
8 |
|
|
|
|
|
|
Special Districts and Overlay Zones |
|
Parks |
PK |
none |
9 |
|
Institutional |
TL |
all T districts |
9 |
|
Planned Development |
PD and DPD |
GPD and DPD |
9 |
|
>>Redevelopment |
RED |
none |
9<< |
|
Neighborhood Conservation |
NC |
none |
10 |
|
Interim Study |
IS |
none |
10 |
|
Development Incentive |
DIZ |
DIZ |
10 |
|
Site Plan Review |
SP |
SPROD |
10 |
|
Floodplain |
FW, FF and FSD |
FP1 and FP2 |
10 |
|
Shoreland-Wetland |
WL |
Shoreland-Wetland |
10 |
|
Lakefront |
LF |
LF/C/60 |
10 |
|
Master Sign Program |
MSP |
none |
10 |
Part 7. Section 313-05 of the code is repealed. (Note: the provisions being repealed read as follows:
313-05. Monthly Reports of Services; Orders for Salaries. The chief engineer shall report to the comptroller on or before the last day in each month the names of all the members of the department, with the amount due each for services for the current month, on which, audited by the comptroller, the city clerk shall make out orders in accordance with the provisions of the law, fixing salaries for members of the fire department.)
Part 8. Section 350-207-3 of the code is amended to read:
350-207. Bonds for Officers and Employes.
3. APPROVAL. All bonds shall be approved as to form and execution by the city attorney [[and thereafter filed in the office of the city clerk]].
Part 9. Wherever the term "utilities and licenses committee" appears in the following sections of the code, the term "appropriate licensing committee of the common council" is substituted: 99-6-1-0 and 99-6-2-k.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB06319-3
BJZ/mbh
7/6/2006
[Clerical Correction - 7/24/06, jro]